Title
A resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as North Gate Boulevard Addition No. 10 Annexation.
(Legislative)
Council District #2 (if annexed)
Presenter:
Tamara Baxter, Planning Supervisor, City Planning Department
Kevin Walker, Planning Director, City Planning Department
Body
Summary:
Property Owners: City of Colorado Springs
Representative: City of Colorado Springs Public Works
Location: South of the intersection of North Gate Boulevard Struthers Road
This annexation consists of a portion of existing North Gate Boulevard right-of-way for the purpose of bringing City owned property into the municipal limits. The parcel proposed for annexation is for right-of-way and therefore does not require any associated entitlement applications to support the annexation request.
The proposed annexation was reviewed under UDC (Unified Development Code).
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed applications.
Review Criteria:
The below criteria from UDC outline the applicable codes associated with this overall project and each associated application.
The Conditions for Annexation as set forth in UDC Section 7.5.701 are noted below:
1. The area proposed to be annexed is a logical extension of the City's boundary;
2. The development of the area proposed to be annexed will be beneficial to the City;
3. Financial considerations, although important, are not the only criteria and shall not be the sole measure of benefit to the City;
4. There is a projected available water surplus at the time of request;
5. The existing and projected water facilities and/or wastewater facilities of the City are expected to be sufficient for the present and projected needs for the foreseeable future to serve all present users whether within or outside the corporate limits of the City;
6. The annexation can be effected at the time the utilities are extended or at some time in the future;
7. The City shall require as a condition of annexation the transfer of title to all groundwater underlying the land proposed to be annexed. Should such groundwater be separated from the land or otherwise be unavailable for transfer to the City, the City, at its discretion, may either refuse annexation or require payment commensurate with the value of such groundwater as a condition of annexation. The value of such groundwater shall be determined by the Utilities based on market conditions as presently exist;
8. All rights of way or easements required by the Utilities necessary to serve the proposed annexation, to serve beyond the annexation, and for system integrity, shall be granted to the Utilities. Utilities, at the time of utility system development, shall determine such rights of way and easements;
9. If the proposed annexation to the City overlaps an existing service area of another utility, the applicant shall petition the PUC (Public Utilities Commission) or other governing authority to revise the service area such that the new service area will be contiguous to the new corporate boundary of the City.
Staff finds the proposed application meets Colorado Revised Statute and is eligible for annexation.
Previous Council Action:
On March 25, 2025, City Council accepted the original petition for annexation. On August 26, 2025, City Council approved a resolution finding the North Gate Boulevard Addition No. 10 Annexation petition to be in substantial compliance with C.R.S. section 31-12-107, setting a public hearing date of October 14, 2025, to consider the annexation, and directing the City Clerk to provide notices of the hearing in accordance with C.R.S. section 31-12-108.
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted to approve the North Gate Boulevard Addition No. 10 at the August 13, 2025, meeting (Vote of 9-0).
Recommended Action
Proposed Motion:
1. Motion to Approve:
Approve a resolution adopting findings of fact and conclusions of law based thereon and determining the eligibility for annexation of property known as North Gate Boulevard Addition No. 10 Annexation consisting of 0.33 acres.
2. Motion to Deny:
Deny a resolution adopting findings of fact and conclusions of law based thereon and determining ineligibility for an annexation of property known as North Gate Boulevard Addition No. 10 Annexation consisting of 0.33 acres.
Summary of Ordinance Language